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Republic of the PhilippinesMUNICIPAL TRIAL COURT IN CITIES

First Judicial RegionFirst BranchBaguio City

__ERLINDA LI__________

_____________________Plaintiff

Small Claims Case No. _323_-versus-

For:BAGUIO ENGLISH COMMUNICATION COLLECTION OFSUM___INSTITUTE_____________________ OFMONEY__________________________________________

DefendantX-----------------------------------------------X

ANSWER TO DEFENDANTS RESPONSE

Plaintiff states:

1.)That Defendant owes Plaintiff the amount of NINETY SIX THOUSANDPESOS (P96,000.00) excluding interest, penalties, court costs or feesfor services not THIRTY SIX THOUSAND PESOS (P36,000.00) as claimedby the Defendant in her RESPONSE.

2.)That the above amount owed by the Defendant is computed as follows:Rental from July 2008 to May 2009(at P12,000.00 per month x 11 months) P132,000.00

Less: Payments made 36,000.00Amount Due P 96,000.00

3.)That the above computation is based on the Contract of Lease (OriginalCopy attached) specifically:

a.) (Section 2) RENTALS: The LESSEE binds himself/herself topay the LESSOR a monthly rental of Twelve Thousand Pesos(P12,000.00) Philippine currency payable in advance within thefirst five days of the month starting July, 2008 without necessityof demand for the entire duration of the lease.b.) (Section 3) LEASE PERIODS: The Lease is for a period of12 months starting July 2008 to June 2009. . . .c.) (Section 11) ABANDONMENT OF PREMISES: . . . TheLESSEEs rent fixed herein shall continue to accrue to theLESSOR until the expiration of this lease, or until the premiseshave been relet whichever comes first.

4.)That the claim of Defendant that she vacated the leased premises doesnot in anyway affect the amount owed to the LESSOR for the followingreasons:

a.)Non compliance to PARAGRAPH 3, SECTION 3 (LEASE PERIODS)of the Contract of Lease which states:

The original period of lease herein agreed upon maybeterminated by the LESSEE at any time upon giving 30days in writing to the LESSOR. . . .

There was no written notice served by the LESSEE and dulyacknowledged by the LESSOR that the former would vacate theleased premises effective December 2008.

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b.) Non compliance to SECTION 6 (REPAIRS) of the Contract of Lease

and to the letter of the LESSOR dated January 1, 2009(Attachment A) within a reasonable period of time therebydepriving the LESSOR to rent out the leased premises to otherparties

c.) (Section 11) ABANDONMENT OF PREMISES: . . . The LESSEEsrent fixed herein shall continue to accrue to the LESSOR until theexpiration of this lease, or until the premises have been reletwhichever comes first.

5.) Granting that the AFFIDAVIT executed by Ms. MAE LYNNE GALLAMOY isan acceptable evidence, ITEM 7 of the said AFFIDAVIT isunsubstantiated. Assuming that ITEM 7 is true and correct, Ms. Estacio

in her letter-reply of August 12, 2009 (ATTACHMENT B) should haveincluded a statement that repairs have been completed and thatLESSORs representative refused to accept the keys to the leasedpremises.

6.)That the leased premises is not completely repaired up to January2010 as shown in the letter (ATTACHMENT C) of Col. Dario,administrator of the leased premises.

IN VIEW OF THE FOREGOING, LESSOR respectfully prayer for judgmentordering the defendant

To pay the amount of ONE HUNDRED THIRTY ONE THOUSAND THREEHUNDRED THIRTEEN PESOS (P131,313.00) excluding court costs and fees forservices, broken down as follows:

a.) Principal amount P96,000.00

b.) Penalties per SECTION 12 of theContract of Lease (25% of P96,000.00) P24,000.00

c.) Interest on overdue rentals per SECTION 12of the contract of Lease (2% per month)

October 2008 (P12,000.00 x 0.02 x 8) P 1,920.00

November 2008 (P12,000.00 x 0.02 x 7) P 1,680.00December 2008 (P12,000.00 x 0.02 x 6) P 1,440.00January 2009 (P12,000.00 x 0.02 x 5)P 1,200.00February 2009 (P12,000.00 x 0.02 x 4) P 960.00March 2009 (P12,000.00 x 0.02 x 3) P 720.00April 2009 (P12,000.00 x 0.02 x 2) P 480.00May 2009 (P12,000.00 x 0.02 x 1) P 240.00

d.) Repair works, etc paid to Col. Dario P 2,673.00 P35,313.00

TOTAL

P131,313.00

SO ANSWERED AND PRAYED.

ERLINDA LIPlaintiff

By: ______________________FELICIANO P. REYES, JR.

Representative

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Cc: BAGUIO ENGLISH COMMUNICATIONINSTITUTE (by: Ms. Emily Estacio)Defendant